Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I see the point that is trying to be made, but reinstatement would still be a case of whether it is reasonable or practicable. In the position that you have outlined, Fair Work Australia could look at this issue, but it would be in the framework of whether it would be reasonable or practicable. In that circumstance I cannot say whether it would be or would not be. The person might have relatives there; they might have lived in that place and may in fact be returning home; they might have been simply working in Tasmania for a short period of time. Those are the circumstances that sometimes can get complex when you use examples. I usually try not to use examples, even a pie cart, which I am eternally sorry for. When you consider the circumstances, it is broadly to apply when you want to bring in a corporate restructure since the time the person was unfairly dismissed. There are a couple of thresholds that would need to be taken into account.

Then, of course, reinstatement occurs where it is practicable. Fair Work Australia would have to turn their mind to that, and that would come down to the circumstances of the individual in the particular case. If the individual was a local resident of that area and had left and worked in another place or was a longstanding resident, a Tasmanian through and through, those circumstances would be taken into account by Fair Work Australia. Quite frankly, I think that is where it should lie. The amendment will ensure that an order for reinstatement applies to the appropriate employee in the circumstances. It means that it is not an automatic right.